Sunday, March 30, 2014

ALEXANDER INVASION

Textbook 7
The Victory
Alexander the Great had won many battles. His desire was to conquer the
world.
“Proceed to the Golden Bird,” he ordered his brave generals.India was
known as the Golden Bird in the world at that time. With Alexander’s command,
the generals consulted the map and the army turned towards India. It crossed the
mighty Himalayas through the long terrain in the cold, entered the country and
reached the river Sindhu. There was a battle between Alexander’s army and the
army of King Puru of India. King Puru was defeated, and was made captive.
With the first victory in India, Alexander was very happy.
After the days’ battle when Alexander’s army was resting, he mounted his
horse Bucephalus and quietly slipped out of the tent to see more of the Indian
countryside. Alexander moved on the streets and drove his horse on and on. The
houses remained dark, without lights. The women were wailing, children were
crying. Alexander felt no pity. Instead he felt proud of his own victory.
Soon he turned his horse on the other side, towards the jungle. As he
moved further, he noticed a bonfire at a distance. He went closer and found
some Indian Saints performing the yagya (religious ritual) on the bank of the
Sindhu. He stood quietly behind the thick trunk of a tree.
It was winter time. The wind was blowing and it was extremely cold. The
saints wore no clothing on the upper parts of their bodies. Alexander said to himself,
‘Oh, they are poor and they do not have anything to cover their bodies.’ He
felt sorry for the saints, ‘l must do something for these naked fakirs.’ It was night
already. He went back to his tent, woke up his chief general and said, “Bring thick
woollen blankets and woollen clothes immediately. I need them urgently.”
Heaps of thick blankets and woollen clothes were brought. In no time they
were loaded on horses and Alexander himself led them, riding back to the jungle.
The caravan stopped where the saints were performing the yagya. Alexander
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found the saints were still busy chanting hymns. He moved his horse closer but the
saints took no notice of the presence of Alexander and his caravan. In order to get
their attention, Alexander patted his horse, and coughed. Still no one paid any attention.
Alexander got irritated now. He dismounted and proceeded towards the
oldest saint. The saint did not notice and Alexander felt totally ignored. Then he
approached one of the saints and called, “Fakir, listen, I am the famous Alexander
the Great.”
The saint looked up and asked coolly and very sweetly, “What do you want,
young man? What can I do for you?”
Alexander was taken aback with the question. He paused. “Well...well, I
don’t want anything from you. I am Alexander the Great, I have conquered your
Hindustan.” Alexander announced proudly. He continued, “When I saw you
people naked in this cold weather, I brought woollen blankets and clothes for all of
you.”
The saint threw a sharp glance at Alexander. He came closer and put his
hand on Alexander’s shoulder.
“Young man, so you are the famous Alexander, who conquers the countries
by robbing them?” The saint gave a loud laugh and asked, “Tell me, my child,
how can a robber be a conqueror and a giver?” And the saint looked deep into
Alexander’s eyes.
Alexander turned pale, not knowing what to say. He stood still like a
statue. The saint continued, “Well, my child if you really want to conquer the
world, first win the hearts of the countrymen with love. As for us, we have
renounced the world and we do not need anything. Whatever is left with us now,
we can give that too. Now tell me, what do you want?”
Alexander could not believe his ears. He had never seen or heard things
like this. The feeling of guilt made him sad suddenly. He saluted the saint.
Without saying a word, he mounted his horse and went back to his camp. The
caravan followed the master.
It was dawn and Alexander could hear the chattering of birds. He had
come to his decision, and, he stopped his forward march. He released King Puru
and put off his future plans to conquer other parts of India.
- Deepawali Debroy
Textbook 9
Glossary
victory /'vIktJri/ success
terrain /tJ'reIn/ piece of land, considered especially as a place
for a battle
wail /weIl/ cry out with grief
caravan /'k&rJv&n/ company of travellers across the desert
pat /p&t/ touch lightly with the flat hand
renounce /rI'naUns/ to give up
Exercises
Vocabulary
A. Find words in the lesson which have the meanings given below :
1 large fire made out of doors for pleasure or to burn dead leaves in a
garden
2 got down from a horse
3 part of the body between the neck and the top of the arm
4 success in battle or in a game
5 cloth shelter as used by soldiers
B Refer to a dictionary and find out the meanings of the following. Use
them in sentences. You can use the sentences given in the dictionary as
models.
Countryside, winter, chanting, taken aback, dawn
C Notice the past tense of verbs ending with ‘-ed’ are pronounced in three
different ways /t/, /d/ and /id/
Examples : asked /A:skt/
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charged /tSA:dZd/
counted /kaUntid/
Now pay attention to the pronunciation of the past tense forms of the following
words and pronounce them in the class.
ordered, consulted, entered, turned, slopped
D. Listen and put the following verbs in the correct columns.
lived, died, loved, stayed, finished, started, looked, liked, conquered,
announced, coughed, laughed, wanted
/t/ /d/ /id/
looked loved started
____________ ____________ ____________
____________ ____________ ____________
____________ ____________ ____________
____________ ____________ ____________
____________ ____________ ____________
Comprehension
A Answer each of the following questions in about 25 words.
1. Why did Alexander want to conquer India ?
2. What did Alexander see while moving around the countryside ?
3. Why did Alexander release King Puru and went back without winning
the rest of India ?
4. Who do you think was the real conqueror ?
5. What made India famous as 'the Golden Bird' ?
Textbook 11
B Answer each of the following questions in about 50 words.
1. Describe the incident of Alexander’s encounter with the saint.
2. Describe the last conversation between the saint and Alexander. What
was the effect of this conversation on Alexander ?
Grammar
A. Study the following sentences.
1. His desire was to conquer the world .
2. He ordered his brave generals.
3. It crossed the mighty Himalayas.
4. There was a battle.
5. Alexander moved on the streets and drove his horse on and on.
The underlined verbs are in simple past tense.
Now, put the verbs given in brackets into the simple past tense.
Alexander (mount) his horse and quietly (slip) out of the tent to see more of
the Indian countries. He (feel) no pity instead he (feel) proud of his own
victory. Soon he (turn) his horse on the other side, towards the jungle.
B. Study these sentences.
1. The women were wailing.
2. The children were crying.
3. The wind was blowing.
The underlined verb phrases are in past continuous tense.
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Now, put the verbs in brackets into the past continuous or simple past.
He (notice) at a bonfire at a distance. He (go) closer and (find) some Indian
saints. They (perform) the yagya on the bank of the Sindhu. He (stand) quietly
behind the thick trunk of a tree. Alexander (not know) what to say. He
(dismount) and (proceed) towards the oldest saint.
Speaking Activity
A Complete the following conversation orally. Clue words are given there
for your help.
Alexander to the -
Chief General : Bring ————————————— and —————
————Immediately———them————
Alexander to -
One of the saints: ————,————— I am ——————————
—————— the great.
The saint to
Alexander : ______do______ want, ________?
What _________________ for __________?
Alexander to Well........well, ____________________________
the saint : I am ——————, I have —————————
The saint to : _________, so you are ———————————
Alexander conquers___________________?
Tell me ——————— how —————————
and a ——————— ?
Textbook 13
B. Enact the above scene delivering the dialogues properly.
C. What is your opinion about :
• Alexander's invading India.
• Alexander's desire to conquer the world.
• The teachings of the Indian saints.
You can start expressing your opinion like this :
I agree / I disagree ————
I feel that ————————————
I am of the opinion that ————————
Friends, this is true that ———————
Well, let’s examine/think about ————
Writing Activity
A. Imagine that you are Alexander. Write the changes that took place in you
after meeting the Indian saints. (50 words)
B. Write a short note on the consequences of war. (150 Words)
Think it over
A. India was known as the golden bird in the olden days. It was because the
trade and commerce supported by agriculture flourished. The handicraft was
fine and the craftsmen skilled. Think about the present India.
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B. When Alexander was coming to invade India his teacher told him to take
blessings of Indian sages. Why ?
C. How can one win people's heart ?
Things to do
Convert the story into a one act play and try to enact it on the stage in the
annual function. Take the help of your teacher and friends.

DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES



DIRECTIVE PRINCIPLES OF
STATE POLICY AND
FUNDAMENTAL DUTIES


he Constitution of India aims to establish not only political democracy but also socioeconomic
justice to the people to establish a welfare state. With this purpose in mind, our
Constitution lays down desirable principle and guidelines in Part IV. These provisions are
known as the Directive Principle of State Policy. In this lesson we will study about Directive
Principles in detail.
It is a well-established saying that rights have significance only when enjoyed in consonance
with the duties. Therefore, the Fundamental Duties were inserted in Article 51A of our
Constitution in 1976 by 42nd Amendment Act. In the original Constitution in 1950, there
was no mention of these duties. It was expected that the citizens would fulfil their duties
willingly. We will also learn about these duties in this lesson.
Objectives
After studying this lesson, you will be able to
l understand the meaning of Directive Principles of State Policy.
l classify the Directive Principles into four groups i.e. economic and social, Gandhian,
administrative and those related to international peace.
l recognize the role of Directive Principles in promotion of universalisation of education,
abolition of child labour and improving the status of women.
l explain the Directive Principles which provide the framework of welfare state to be
realised in practice in India .
l describe that the Directive Principles aim at the establishment of economic and
social democracy.
T
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l explain the role of government at different levels in implementing these principles.
l distinguish between Fundamental Rights and the Directive Principles of State Policy.
l appreciate the content of Fundamental Duties.
l identify the Fundamental Duties given in the Constitution.
l appreciate the importance of Fundamental Duties despite their being non-justiciable.
7.1 Meaning of Directive Principles of State Policy
Directive Principles of State Policy are in the form of instructions/guidelines to the
governments at the center as well as states. Though these principles are non-justiciable,
they are fundamental in the governance of the country. The idea of Directive Principles of
State Policy has been taken from the Irish Republic. They were incorporated in our
Constitution in order to provide economic justice and to avoid concentration of wealth in
the hands of a few people. Therefore, no government can afford to ignore them. They are
infact, the directives to the future governments to incorporate them in the decisions and
policies to be formulated by them.
7.2 Classification Of The Directive Principles
Directive Principles of State Policy have been grouped into four categories. These are: (1)
the economic and social principles, (2) the Gandhian principles, (3) Principles and Policies
relating to international peace and security and (4) miscellaneous.
7.2.1 The economic and social Principles
The state shall endeavour to achieve Social and Economic welfare of the people by:
(1) providing adequate means of livelihood for both men and women.
(2) reorganizing the economic system in a way to avoid concentration of wealth in few
hands.
(3) securing equal pay for equal work for both men and women.
(4) securing suitable employment and healthy working conditions for men, women and
children.
(5) guarding the children against exploitation and moral degradation.
(6) making effective provisions for securing the right to work, education and public
assistance in case of unemployment, old age, sickness and disablement.
(7) making provisions for securing just and humane conditions of work and for maternity
relief.
(8) taking steps to secure the participation of workers in the management of undertakings
etc.
(9) promoting education and economic interests of working sections of the people
especially the SCs and STs.
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(10) securing for all the workers reasonable leisure and cultural opportunities.
(11) making efforts to raise the standard of living and public health.
(12) providing early childhood care and education to all children until they complete the
age of 6 years.
7.2.2 The Gandhian Principles
There are certain principles, based on the ideals advocated by Mahatma Gandhi. These
Principles are as follows : -
(1) To organize village Panchayats.
(2) To promote cottage industries in rural areas.
(3) To prohibit intoxicating drinks and drugs that are injurious to health.
(4) To preserve and improve the breeds of the cattle and prohibit slaughter of cows,
calves and other milch and drought animals.
7.2.3 Directive Principles of State Policy Relating To International
Peace And Security :
India should render active cooperation for world peace and security and for that the state
shall endeavour to : -
(1) promote international peace and security.
(2) maintain just and honourable relations between nations.
(3) foster respect for international laws and treaty obligations.
(4) encourage settlements of international disputes by mutual agreement.
7.2.4 Miscellaneous
The Directive Principles in this category call upon the state : -
(1) To secure for all Indians a uniform civil code.
(2) To protect historical monuments.
(3) To save environment from pollution and protect wild life.
(4) To make arrangements for disbursement of free legal justice through suitable
legislation.
Intext Questions 7.1
Identify and place the given Directive Principles in various categories – Gandhian,
Economic and Social, International Peace and Miscellaneous:-
(i) to promote cottage industries.
(ii) to provide adequate means of livelihood for both men and women.
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(iii) to provide living wages for working sections.
(iv) to provide early childhood care and education for all children until they complete the
age of 6 years.
(v) to protect historical monuments.
(vi) to bring about reforms to save environment from pollution and protect wild life.
7.3 Directive Principles : Universalisation of Education,
Child Labour and Status of Women
Illiteracy is a big hindrance in the achievement of the goals of socio-economic
justice and welfare state.
7.3.1 Universalisation of Education
The percentage of literate people at the time of independence was only 14%. Our
government realized the importance of education and laid stress on the spread of literacy
among the masses. Efforts have been made by the governments to raise this level. But a
large section of our population is still illiterate. The foremost effort which is required in this
field-is the spread of elementary education and its universalisation. Due to increased number
of drop outs at the primary stage, the number of illiterates between 15 to 35 years of age
has constantly increased.
According to National Policy on Education, 1986, the government has launched National
Literacy Mission, and ‘Operation Blackboard’ for the spread of mass literacy at primary
stage. For those who were deprived of the benefits of education in their childhood, the
government and many voluntary agencies are making special efforts to educate them by
opening night schools and adult literacy centers.
Many distance education programmes through correspondence courses, distance education
and open learning have been started in different states. The National Institute of Open
Schooling and several Open Universities have been set up to attain the goal of universalisation
of education. The Directive Principles providing free and compulsory education for children
upto the age of 14 years has been included through the 86th Amendment Act, 2002 in the
list of Fundamental Rights under Article 21A.
Though much has been achieved but still there is a long way to go to accomplish this
objective of a welfare state.
7.3.2 Child Labour
You have already read that one of the Directive Principles provides opportunities and
facilities to children to develop in a healthy manner. You have also read about the Fundamental
Right against Exploitation of children. Employment of children below the age of 14 years
in mines and industries which are hazardous to their health is prohibited.
Inspite of these provisions, the desired results have not been reached. In most of the
cases, the parents attitude is not conducive to the elimination of child labour. They force
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their children to do some sort of work to earn money and contribute to the family income.
Poverty and social stigma are certain constraints on the path of eradication of this problem
apart from the lack of will. All efforts by governments at various levels would prove futile
unless the willingness and awareness to get rid of the social challenge comes from within.
Dr. Abdul Kalam’s ‘dream of developed India 2020’ can be achieved only when the children
who are the future of the country are secured and protected from being exploited. The
children should not be deprived of their right to enjoy childhood and right to education.
7.3.3 Status of Women
Indian society basically is a male dominated society in which father has been head of the
family and mother’s position has been subordinated to him. The position of a woman in
such a system is naturally weak. Women have been suffering a great deal on account of
cruel social customs and religious practices like, pardah and dowry etc.
Women as an integral part, account for 495.74 million and represent 48.3% of the country’s
total population as per 2001 census. Necessity of raising the status and education of women
has already been stressed in our Constitution through Fundamental Rights and various
Directive Principles of State Policy. They have been provided with the right to an adequate
means of livelihood and equal pay with that of men for their work. Women workers have
also been provided for health-care and maternity-relief.
Even in the Fundamental Duties stress has been laid on the duty of every citizen of India
to renounce practices derogatory to the dignity of women.
Many laws and judicial decisions have restored the dignity of women. To protect their
rights, measures have been taken to give them share in the family property. For their
emancipation from cruel practices like bride burning for dowry, wife beating, sati etc. laws
have been enacted. Prohibition of female infanticide, foetouscide, discrimination against
girl child and child-marriage are some of the other measures that will help in improving the
status of women.
To empower women, reservation of one third of seats through the 73rd and 74th Amendment
Act, 1991,1992 for them has been made in the Panchayats and Municipalities. There is a
similar proposal for reservation of seats for them in the Parliament and in the state
Legislatures.
Intext Questions 7.2
Choose the correct answers from the alternatives given below:
(a) What was the percentage of literate people at the time of independence?
(i) 12%
(ii) 14%
(iii) 16%
(iv) 18%
(b) When was the National Educational Policy started?
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(i) 1984
(ii) 1986
(iii) 1988
(iv) 1989
(c) In which part of the Constitution is the Provision against Exploitation of Children
made?
(i) Fundamental Rights
(ii) Fundamental Duties
(iii) Directive Principles of State Policy
(d) In which of the following Equal Pay for Equal Work for both men and women provide?
(i) Fundamental Rights
(ii) Fundamental Duties
(iii) Directive Principles of State Policy
(e) When was the department of women and child Development set up in India?
(i) 1978
(ii) 1985
(iii) 1992
(iv) 1995
7.4 Critical Analysis Of Directive Principles
Many critics have called these Directive Principles of State Policy as not better than
‘New Year Greetings’. Even the rationale of inserting such high sounding promises has
been questioned. It has been asserted that Directives are in the form of holy wishes
having no legal sanction behind them. Government is not bound to implement them. Critics
point out that they are not formulated keeping the practical aspect these ideals in mind.
Despite all this, it can not be said that these Principles are absolutely useless. They have
their own utility and significance. The Directive Principles are just like a polestar that
provide direction. Their basic aim is to persuade the government to provide social and
economic justice in all spheres of life, keeping in view its limited material resources, at the
earliest possible. Many of them have been implemented very successfully. Actually, no
government can afford to ignore these instructions as they are the mirror of the public
opinion and also reflect the basic spirit of the Preamble of our Constitution. Some of the
steps taken in this direction are being listed below:
(1) Land reforms have been introduced and Jagirdari and Zamindari systems have been
abolished.
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(2) There has been rapid industrialisation and tremendous increase in the agricultural
production through Green Revolution.
(3) National Commission for the Welfare of Women has been established.
(4) Ceiling has been placed on land and property to fix the limit of person’s holdings.
(5) The privy purses of ex-princes have been abolished.
(6) Life Insurance, General Insurance and most of the banks have been nationlised.
(7) In order to reduce economic disparity, Right to Property has been deleted from the
chapter on Fundmental Rights.
(8) Subsidized public distribution schemes have been launched to help the poor people.
(9) The rules require that both men and women are paid equal wages for equal work.
(10) Untouchability has been abolished. Sincere efforts have been made for the upliftment
of the SCs ,STs and of other Backward Classes.
(11) Through 73rd and 74th Amendments to the constitution, (1991 & 1992 respectively),
Panchayati Raj has been given the constitutional status with more powers.
(12) Small scale and village industries and Khadi Gram Udyog have been encouraged to
bring prosperity to the rural areas.
(13) India has also been actively co-operating with the U.N. to promote international
peace and security.
The above steps on the part of the central and state governments indicate that many
Directive Principles of State Policy have been implemented to lay down the foundations of
a secular, socialist and welfare state. However, still there is a long way to go to achieve all
of them in full.
There are many hindrances in the non-implementation of Directive Principles of State
Policy. The main reasons are – (a) lack of political will on the part of the states, (b) lack of
awareness and organized action on the part of the people and (c) limited material resources.
Intext Questions 7.3
Fill in the blanks with the correct answers :-
(i) A _____________ state takes the responsibility of providing goods and services to
the weaker sections in society. (socialist, charitable, welfare)
(ii) Government has tried to bring about ____________ distribution of wealth (equal,
unequal, equitable)
(iii) The ____________ system has been abolished all over India. (capitalist, zamindari,
caste)
(iv) Khadi and village Industries Board has been set up to promote ___________ industries
(small, medium, cottage)
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(v) Panchayati Raj institutions were given constitutional status by ____________
Amendment Act. (72nd, 73rd, 71st)
7.5 Distinction between Fundamental Rights and Directive
Principles
Now that you know about Fundamental Rights and Directive Principles of State Policy,
which are playing an important role in the establishment of the political and socio-economic
society in India, it is important for you to learn about the distinction between the two. The
Fundamental Rights are claims of the citizens recognized by the state. They are in the
nature of denial of certain authority to the government. They are, therefore, negative in
nature. The Directive Principles are like positive directions that the government at all
levels must follow to contribute to the establishment social and economic democracy in
India.
Another point of difference as mentioned earlier is that while the Fundamental Rights are
justiciable and are enforceable by the court of law, the Directive Principles are nonjusticiable.
In other words, the Supreme Court and the High Courts have the powers to
issue orders or writs for enforcement of Fundamental Rights. The Directive Principles of
State Policy, on the other hand, confer no legal rights and create no legal remedies. This
should not lead us to conclude that the Directive Principles are inferior or subordinate to
the Fundamental Rights.
7.5.1 Relationship between Fundamental Rights and
Directive Principles
Inspite of these differences, there is a close relationship between the two. Fundamental
Rights and Directive Principles are complementary and supplementary to each other.
Whereas the Fundamental Rights establish political democracy, the Directive Principles
establish economic and social democracy. No government can afford to ignore them while
formulating its plans and policies as it is responsible for all its actions to the people in
general. Although there is no legal sanction behind these principles, the ultimate sanction
lies with the people. The people with their opinion will never let the ruling party to acquire
power again if it fails to adhere to these guiding principles. Thus, our Constitution aims at
bringing about a synthesis between Fundamental Rights and Directive Principles of state
policy. Together, they form the core of the Constitution.
Intext Questions 7.4
Fill in the blanks:-
(a) The Directive Principles are _________ in nature. (negative, positive, natural)
(b) The Fundamental Rights aim at the development of every _________. (family, group,
individual)
(c) The Directive Principles are meant to establish ___________ democracy. (political,
cultural, socio-economic)
(d) The Fundamental Rights and Directive Principles have _________ relationship with
each other. (close, indirect)
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7.6 Fundamental Duties
Rights and Duties are two sides of a coin. There are no rights without duties, no duties
without rights. In fact, rights are born in a world ofDuties. The original Constitution enforced
in 1950, did not mention Fundamental Duties of the citizens. It was hoped that citizens
would perform their duties willingly. But, 42nd Amendment to the Constitution added a new
list of 10 duties in chapter IV under Article 51A of the Constitution.
7.6.1 Duties Enlisted
(i) To abide by the Constitution and respect our National Flag and National Anthem.
(ii) To follow the noble ideals that inspired our national freedom movement.
(iii) To protect the unity and integrity of India.
(iv) To defend the country when the need arises.
(v) To promote harmony and brotherhood among all sections of the people and to respect
the dignity of women.
(vi) To preserve our rich heritage and composite culture.
(vii) To protect and improve our natural environment including forests, rivers, lakes and
wildlife.
(viii) To develop scientific outlook and humanism.
(ix) To protect public property and not to use violence.
(x) To strive for excellence in all spheres of individual and collective activity.
New Addition
(xi) Clasue (K) Art 51A Amendment Act 86th 2002.
(K) “a parent or guardian to provide opportunities for education of his child or as the case
may be ward between the age of six and fourteen years.
Intext Questions 7.5
Write ‘True’ or ‘False’.
(i) The Rights and Duties are the two sides of the same coin. (True/False)
(ii) The Fundamental Rights were there in the original Constitution. (True/False)
(iii) The Fundamental Duties have been mentioned along with the Fundamental Rights.
(True/False)
(iv) There are ten Fundamental Duties now. (True/False)
7.6.2 Nature of Fundamental Duties
Fundamental Duties for citizens are in nature of a code of conduct. A few of these duties
are even vague and unrealistic. The non-justiciable character of these duties make them
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less interesting. Moreover, their ambiguous language is another hindrance in their being
obeyed e.g. a citizen does not know how to maintain sovereignty, integrity and glorious
heritage of the country.
There is a lot of truth in the argument of the critics, yet, it would not be proper to call these
duties as only pious declarations.
Intext Questions 7.6
Choose the right answer :-
(i) The Fundamental Duties are justiciable/non-justiciable.
(ii) These Duties are clear/ambiguous.
What You Have Learnt
The Directive Principles of State Policy are included in Part IV of the Constitution. The
framers of the Constitution included them with a special purpose of bringing about social
and economic equality. These principles give directions to the state for making laws and
policies for the collective good of the people. These Principles are non justiciable and are
not enforceable by the Courts of law. But they are nevertheless fundamental to the
governance of country.
For the sake of convenience, they were classified into four categories -
(1) Socio-economic principles
(2) Gandhian
(3) International peace and Security
(4) Miscellaneous
The Directive Principles lay stress on universalisation of education, abolition of child labour
and improvement of the status of women. They provide a framework for establishing
welfare state and achieving economic and social democracy.
There are important differences between the Fundamental Rights and Directive Principles.
The former are justiciable and positive in nature. At the same time, there is close relationship
between the two. They are equally important to bring social and economic democracy in
practice. The Courts have been laying stress on the implementation of Directive Principles.
Rights and Duties are two sides of the same coin. In the interest of the well being and
progress of the society, Rights and Duties must be adhered to equally by all.
Terminal Exercises
Q.1 Examine the nature of Directive Principles of State Policy. What is the sanction
behind them?
Q.2 Discuss the classification of Directive Principles of State Policy.
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Q.3 Analyse how the Directive Principles of state Policy of Universalisation of education
has been implemented?
Q.4 Evaluate the Directive Principles of State Policy on (a) Child Labour and (b) Status
of Women.
Q.5 Examine the role of the state in the implementation of Directive Principles of State
Policy.
Q.6 Explain Briefly the interrelationship between Fundamental Rights and Directive
Principles of State Policy.
Q.7 Recall the Fundamental Duties in our Constitution.
Answers to Intext Questions
7.1
(i) Gandhian
(ii) social and economic
(iii) social and economic
(iv) social and economic
(v) miscellaneous
(vi) miscellaneous
7.2
(i) 14%
(ii) 1986
(iii) Fundamental Rights
(iv) Directive Principles
(v) 1985
7.3
(i) welfare
(ii) equitable
(iii) zamindari
(iv) small
(v) 73rd
7.4
(i) positive
(ii) individual
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(iii) economic
(iv) close
7.5
(i) Yes
(ii) No
(iii) Yes
(iv) No
7.6
(i) non-justiciable
(ii) ambiguous
Hints of Terminal Exercise
(1) Refer to section 7.1 and 7.2
(2) Refer to section 7.2
(3) Refer to section 7.3.1
(4) Refer to section 7.3.2 and 7.3.3
(5) Refer to section 7.4
(6) Refer to section 7.5.1
(7) Refer to section 7.6.1

FUNDAMENTAL RIGHTS


FUNDAMENTAL RIGHTS
eople in democractic conutries enjoy certain rights, which are protected by judicial
system of the country concerned. Their violation, even by the State, is not allowed by the
courts. India respects the rights of the people, which are listed in our Constitution, under
the heading “Fundamental Rights”. In lesson, a mention has been made of the Fundamental
Rights as one of the salient features of the Constitution. In this lesson, we will discuss in
detail various Fundamental Rights which are incorporated in chapler III of the Constitution.
Objectives
After studying this lesson you will be able to
l explain the meaning and importance of Fundamental Rights;
l highlight that the dignity of an individual is protected and safe guarded through
Fundamental Rights;
l recognise that the enforcement of Fundamental Rights is ensured through High Courts
and the Supreme Court;
l explain the Right to Equality;
l recognise the rationale behind protective discrimination in favour of Scheduled Castes
and Scheduled Tribes and other backward classes(OBCs);
l describe as well as appreciate the Right to Freedom;
l recall the safeguards against deprivation of life and personal liberty except according
to the procedure established by law;
l explain the Right against Exploitation;
l appreciate the Right to Freedom of Religion;
l explain Cultural and Educational Rights;
l identify the right to Constitutional Remedies;
l recall the value of writs that may be issued for the protection of Fundamental Rights;
and
P
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l appreciate the Constitutional limitations on the enjoyment of Fundamental Rights.
6.1 Meaning And Importance Of Fundamental Rights
The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These
rights ensure the fullest physical, mental and moral development of every citizen. They
include those basic freedoms and conditions which alone can make life worth living.
Fundamental Rights generate a feeling of security amongst the minorities in the country.
They establish the framework of ‘democratic legitimacy’ for the rule of the majority. No
democracy can function in the absence of basic rights such as freedom of speech and
expression.
Fundamental Rights provide standards of conduct, citizenship, justice and fair play. They
serve as a check on the government. Various social, religious, economic and political
problems in our country make Fundamental Rights important. In our Constitution,
Fundamental Rights are enumerated in Part III from Article 14 to 32. These rights are
justiciable.
Justiciable: Justiciable means that if these rights are violated by the government or
anyone else, the individual has the right to approach the Supreme Court or High
Courts for the protection of his/her Fundamental Rights.
Our Constitution does not permit the legislature and the executive to curb these rights
either by law or by an executive order. The Supreme Court or the High Courts can set
aside any law that is found to be infringing or abridging the Fundamental Rights. You will
read about it in detail in the lesson on ‘Judiciary’. Some of the Fundamental Rights are also
enjoyed by foreigners, for example, the Right to Equality before Law and Right to Freedom
of Religion are enjoyed by both i.e. citizens as well as foreigners. The Fundamental Rights
though justiciable are not absolute. The Constitution empowers the government to impose
certain restrictions on the enjoyment of our rights in the interest of public good.
Seven Fundamental Rights were enshrined in the Constitution of India. However the Right
to Property was removed from the list of Fundamental Rights by the 44th Amendment Act
of the Constitution in the year 1976. Since then, it has been made a legal right. There are
now six Fundamental Rights.
The Fundamental Rights are: -
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights, and
6. Right to Constitutional Remedies.
Recently by the 86th Amendment Act, the Right to Education has been included in the list
of Fundamental Rights as part of the Right to Freedom by adding Article 21(A).
We will now study these rights one by one.
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Political Science
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Constitution of India Intext Questions 6.1
Fill in the blanks selecting appropriate words/figures given in the brackets.
1. Right to Property was removed from the list of Fundamental Rights by ___________
Amendment Act of the Constitution(42nd/43rd/44th).
2. The Rights are given in Part III of the Constitution and are termed as _____________
Rights (Legal/Economic/Fundamental).
6.2 Right To Equality
Right to Equality means that all citizens enjoy equal privileges and opportunities. It protects
the citizens against any discrimination by the State on the basis of religion, caste, race,
sex, or place of birth. Right to Equality includes five types of equalities.
6.2.1 Equality Before Law
According to the Constitution, “The State shall not deny to any person equality before law
or equal protection of laws within the territory of India”.
‘Equality before law’ means that no person is above law and all are equal before law,
every individual has equal access to the courts. ‘Equal protection of laws’ means that if
two persons belonging to two different communities commit the same crime, both of them
will get the same punishment.
6.2.2 No Discrimnation on Grounds of Religion, Race, Caste,
Sex, Place of Birth or any of them
No citizen shall be denied access to shops, restaurants and places of public entertainment.
Neither shall any one be denied the use of wells, tanks, bathing ghats, roads etc. maintained
wholly or partly out of State funds. However, the State is empowered to make special
provisions for women, children and for the uplift of Scheduled Castes, Scheduled Tribes
and other backward classes (OBC’s). The State can reserve seats for these categories in
educational institutions, grant fee concessions or arrange special coaching classes.
6.2.3 Equality Of Opportunity In Matters Of Public Employment
Our Constitution guarantees equality of opportunity in matters relating to employment or
appointment to public services to all citizens. There shall be no discrimination on the basis
of religion, race, caste, sex, place of birth or residence in matters relating to employment
in public services. Merit will be the basis of employment. However, certain limitations
have been provided to the enjoyment of these rights.
6.2.4 Abolition of Untouchability
The Constitution abolishes untouchability and its practice in any form is forbidden.
Action in the box are considered as offences when committed on the grounds of
untouchability.
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refusing admission to any person to the public institutions;
preventing any person from worshipping in place of public worship;
insulting a member of Scheduled Caste on the grounds of untouchability;
preaching untouchability directly or indirectly.
6.2.5 Abolition of Titles
All titles national or foreign which create artificial distinctions in social status amongst the
people have been abolished.
This provision has been included in the Constitution to do away with the titles like ‘Rai
Sahib’, ‘Rai Bahadur’ have been conferred by the British on a few Indians as a reward
for their effective co-operation to the colonial regime. The practice of conferring titles like
this is against the doctrine of equality before law. To recognise the meritorious service
rendered by individual citizens to the country or mankind, the President of India can confer
civil and military awards on those individuals for their services and achievements such as;
Bharat Ratna, Padma Vibhushan, Padam Sri, Param Veer Chakra, Veer Chakra etc., but
these cannot be used on ‘titles’.
Intext Questions 6.2
Fill in the blanks:
1. Right to Equality aims at an end to......................discrimination (moral/social/political).
2. Right to Equality has............................kinds of equalities (3/4/5).
3. Right to...........................provides for the abolition of untouchability (equality / freedom
/ religion).
4. State can make............................ provisions for women and children against
exploitation (general/special/ordinary).
5. Right to Equality aims at establishing.......................equality. (social/moral/political)
6.3 Right To Freedom
Freedom is the basic characteristic of a true democracy. Our Constitution guarantees to
the citizens of India a set of six freedoms described as the “Right to Freedom”.
6.3.1 Six Fundamental Freedoms
The Constitution guarantees the following six Fundamental Freedoms:
(i) Freedom of speech and expression.
(ii) Freedom to assemble peacefully without arms.
(iii) Freedom to form associations or unions.
(iv) Freedom to move freely throughout the territory of India.
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(v) Freedom to reside and settle in any part of the territory of India.
(vi) Freedom to practise any profession or to carry on any occupation, trade or business.
Let us study these freedoms one by one briefly.
(I) Freedom of Speech And Expression
It is an important freedom. This freedom ensures free and frank speech, discussion and
exchange of opinions. It includes the freedom of the press. However these freedom like
freedom of speech and expression are not absolute. The state is empowered to impose
reasonable restrictions on the exercise of this right in the interest of security of the state,
public order, morality etc.
These freedoms can be suspended during the State of National Emergency. As soon
as the State of National Emergency is declared under Article 352, the abovementioned
freedoms except the right to life and liberty, automatically remain suspended
as long as the State of National Emergency continues. All these freedoms get restored
as soon as the proclamation of National Emergency is lifted.
6.3.2 Protection in Respect of Conviction for An Offence
This Constitutional provision assures protection against arbitrary arrest and excessive
punishment to any person who is alleged to have committed an offence. No person shall
be punished except for the violation of law which is in force when the crime was committed.
An accused cannot be compelled to be a witness against himself/herself.
No person shall be punished for the same offence more than once.
6.3.3 Protection of Life and Personal Liberty
The Constitution lays down that no person shall be deprived of his/her life or personal
liberty except according to the procedure established by law. It guarantees that life or
personal liberty shall not be taken away without the sanction of law. It ensures that no
person can be punished or imprisoned merely at the whims of some authority. He/she may
be punished only for the violation of the law.
6.3.4 Prevention against Arbitrary Arrest and Detention
Our Constitution guarantees certain rights to the arrested person. As per the provision, no
person can be arrested and/or be detained in custody without being informed of the grounds
for detention. He /she has the right to consult and be defended by a lawyer of his/her
choice. The accused has to be produced before the nearest magistrate within a period of
twenty-four hours of arrest.
These safeguards however are not available to foreigners as well as to those citizens
detained under Preventive Detention Act.
Preventive Detention: When the State feels that a person is likely to commit
crime or is a threat to the security of the State, he/she may be detained without trial
for a limited period. However, no person can be kept under detention for more than
three months until permitted by an Advisory Board consisting of persons who are
qualified to be appointed as judges of the High Courts. Such a board is presided over
by a sitting judge of a High Court.
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6.3.5 Right to Education
By the 86th Amendment Act of the Constitution a new article 21-A has been added after
Article 21. By this Amendment Act, Right to Education has been made a Fundamental
Right and has been deleted from the list of Directive Principles of State Policy. According
to it, “The State shall provide free and compulsory education to all children of the age of
six to fourteen in such a manner as the State may by law determine”. It further states that
it is the responsibility of the parent or guardian to provide opportunities for education to
their child or ward between the age of six to fourteen years.
Intext Questions 6.3
Each question has four options. Select the correct option by putting a tick (ü )
against one of the options:
1. The number of freedoms guaranteed under the Right to Freedom is :
a) 5
b) 6
c) 7
d) 8
2. Any person arrested by the police shall have to be produced before the nearest
magistrate within a period of :
a) 12 hours
b) 24 hours
c) 36 hours
d) 48 hours
3. A person arrested under Preventive Detention can be kept in Jail without trial for a
maximum period of :
a) three months
b) six months
c) twelve months
d) eighteen months
4. Right to education has been made a Fundamental Right by ………….Amendment
Act of the Constitution (84th /86th/ 88th )
6.4 Right against Explotation
The people of India were exploited not only by the British but also by the money lenders
and zamindars. This system was called forced labour. Right against exploitation prohibits
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all forms of forced labour as well as traffic in human beings . The violation of this provision
is an offence punishable under law. The state require citizens services in times of major
calamities such as floods, forestfire, foreign aggression etc.
Our Constitution also provides safeguards for children. It bans the employment of children
below the age of fourteen years in any factory , mine or hazardous occupations.
Traffic in human beings means sale and purchase of human beings as goods and
commodities for immoral purposes such as slavery and prostitution
Intext Question 6.4
Fill in the blanks selecting appropriate words/figures given in the brackets:
1. Employment of children in factories below the age of ——————— is prohibited
by law (14/16/18)
Right to Freedom of Religion
India is a multireligious state. Besides Hindus, there are Muslims, Sikhs, Christians and
many others residing in our country. The Constitution guarantees to every person freedom
of conscience and the right to practice and propagate any religion.
It also permits every religious group, the right to manage its own affairs in matters of
religion. Every religious sect has the right to establish and maintain in stitutions for religious
and charitable purposes. Each religious group is also free to purchase and manage
its movable and immovable property in accordance with law, for the propagation of its
religion.
Our Constitution lays down that no religious education can be imparted in any educational
institution which is wholly maintained out of the state funds. This restriction does not apply
to those educational institutions which are not wholly maintained out of State funds. But,
even in those institutions, no child can be compelled to receive religious instructions against
his /her wishes.
Right to Freedom of Religion is not absolute. It can be restricted on the grounds of public
order, morality and health. The state shall not impose restrictions arbitrarily .
Intext Questions 6.5
Fill in the blanks with the suitable words/figures given in brackets:
1. Religion is the concern of the ——————in a secular state. (Individual /Society/
State)
2. No——————education can be imparted in any educational institution wholly
maintained out of state funds. (moral/religious/none of the two)
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6.6 Cultural and Educational Rights
India is a vast country with diversity of culture, Script and languages. People take pride in
their own language and culture.
Our constitution provides necessary guarantees to preserve maintain and promote their
culture and language. The Constitution allows minorities to establish and maintains
educational institutions of their own. It also provides that the state shall not discriminate
against any educational institution while granting financial aid on the grounds that it is being
run by a minority community.
These rights ensure that minorities will be given assistance by the state in the preservation
of their language and culture. The Ideal before the state is to preserve and propagate the
composite culture of the country.
6.7 Right To Constitutional Remedies
After reading about all the Fundamental Rights, a question may arise in your mind : what
can an individual do if one or more of his or her Fundamental Rights are encroached upon
by the State?
Part III of our Constitution provides for legal remedies for the protection of these rights
against their violation by the State or other institutions/individuals. It entitles the citizens of
India to move the Supreme Court or High Courts for the enforcement of these rights. The
State is forbidden from making any law that may be in conflict with the Fundamentals
Rights.
The Constitution empowers the Supreme Court and High Courts to issue orders or writs
as mentioned in the box given below.
HABEAS CORPUS; (Latin term) It is an order by the court to the state to produce
the person physically before it justify the confinement or release of the person.
MANDAMUS: (Latin term) It is a command or an order from a superior court to a
subordinate court or tribunal or public authority to perform its duty in case it is not
doing it.
PROHIBITION: It is an order issued by the Superior Court to forbid a subordinate
court or tribunal from proceeding with a case which is beyond its jurisdiction.
QUO WARRANTO: This writ is issued to restrain a person from acting in a public
office to which he /she is not entitled.
CERTIORARI : The term certiorari means “to be informed of what is going”. It is
an order to a lower court from a superior court to transfer the matter to it or to any
other court for deciding the matter.
These writs go a long way in protecting the rights of the individuals against encroachment
by the legislature, the executive or any other authority. If the Fundamental Rights are the
cornerstone of our democracy, then the Right to Constitutional Remedies is the soul of the
part III of the Constitutions.
You will read more about these writs in the lesson no.12.
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Political Science
Aspects of the
Constitution of India Intext Questions 6.6
Fill in the blanks by selecting appropriate words/figures given in the brackets:
1. Religious or linguistic ——————————————can establish their own
educational institutions. (minorities/majority)
2. In India writs are issued by——————————————Courts. (lower/
subordinate/high)
3. The direction of the court to the detaining authority to produce the person before
it is the writ of———————————— (Mandamus/prohibition/habeas corpus)
4. The writ to restrain a person from acting in a public office to which he /she is not
entitled is known as ——————————————(quo warrato/Certiorari/
Mandamus)
5. An order to a lower court to transfer the case to another court for its proper
consideration in called the writ of ———————————. (Habeas Corpus/
Prohibition/Certiorari)
What You Have Learnt
Fundamental Rights have been incorporated in part III of our Constitution from article 14-
32. These rights protect and safeguard the dignity and status of the citizens. These rights
are justiciable i.e. are enforceable by the court of law. At present there are six Fundamental
Rights. Recently by an Amendment Act of the Constitution, Right to Education has been
added.
These Rights are not absolute, reasonable restrictions can be imposed on these rights in
the interest of peace, national defence, morality, comman good and good relations with
other countries. The first right that comes under Fundamental Rights is the Right to Equality.
Under the Constitution, all are equal before law and the state can not discriminate between
citizens on the basis of religion, race, sex, place of birth or any of them. Uuntouchability
has been abolished and made an offence punishable by law. The state has been forbidden
from conferring honorary titles on citizens that create social disparities.
Right to Freedom has been granted for the all round development of the body, mind and
spirit of all the citizens. It provides six freedoms to citizens. This Right helps protection of
life and personal liberty. It also protects the individual from arbitrary arrest and detention.
Our Constitutions prohibits traffic in human beings and forced labour. Employment of
children below the age of fourteen years in mines, factories and hazardous jobs is banned.
India is a multi religious country. Our Constitution neither promotes nor interferes in their
religious affairs. India believes in secularism. Every religious community is free to establish,
maintain and run its own religious institutions. Every citizen has been granted freedom to
profess and propagate his/her religion.
Cultural and Educational rights provide the right to conserve our culture. Educational
institutions maintained by the state on getting financial aid from the state cannot refuse
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Fundamental Rights
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admission to children on the grounds of religion, race, caste, language or any of them. The
minorities have been given the right to establish and manage institutions of their own for
the preservation and propagation of their language and culture. While giving financial aid to
any institution, the state will not discriminate on the basis of religion or language.
Lastly the Constitution guarantees enjoyment of Fundamental Rights by citizens under the
Right to Constitutional Remedies. The Supreme Court and High Courts have been given
powers to issue orders, directions and writs for the enforcement of Fundamental Rights .
Dr. B.R Ambedkar has rightly called the writs as the “ Soul of the part III of the Constitution”:
Terminal Exercises
1. Explain the importance of Fundamental Rights as provided in the Constitution.
2. Mention any three aspects of right to equality.
3. Describe six Fundamental Freedoms granted under the Right to Freedom.
4. Explain the Right against Exploitation.
5. How does the Right to Freedom of Religion help in establishing a secular polity in
India? Explain.
6. What is writ? Who has the power to issue the writs?
7. Explain the statement that Fundamental Rights are justiciable.
8. Describe all the provisions of Right to Freedom.
9. Mention Right to Education as incorporated in the Constitution by 86th Amendment
Act.
Answers to Intext Questions
6.1
1. 44th
2. Fundamental
6.2
1. Social
2. 5
3. Equality
4. Special
5. Social
6.3
1. b
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2. b.
3. a
4. 86th
6.4
1. 14.
6.5
1. Individual
2. Religious
6.6
1. Minority
2. High Court
3. Habeas Corpus
4. Quo-Warranto
5. Certiorari
Hints for Terminal Expercises
1. Refer to section 6.1
2. Refer to section 6.2
3. Refer to section 6.3.1
4. Refer to section 6.4
5. Refer to section 6.5
6. Refer to section 6.7
7. Refer to section 6.1
8. Refer to section 6.3
9. Refer to section 6.3.5